Recourse as a Legal Term

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Note: According to Article 3 of the Uniform Commercial Code, language without recourse to a negotiable instrument limits the liability of the endorser or drafter. If a note indicates that this is done without recourse, the endorser is not required to pay under various conditions if the instrument is not reimbursed. Similarly, if a project indicates that it has been drawn without recourse, the designer is not required to pay under various conditions if the drawing is not honoured, except in the case of a cheque. The remedy is the owner`s right to recover against a previous endorser who is secondarily liable. If a cheque is confirmed without recourse, it means that the endorser is not required to pay in case of refusal of payment. Recourse debt is the most common form of debt because it is less risky for lenders. Non-recourse liabilities are generally limited to longer-term loans on stabilized and performing assets such as commercial real estate. At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. Are you a lawyer? Visit our professional website » The court rejected the Trump administration`s illegal attempt to deport hundreds of thousands of people from the United States without recourse, a decision acknowledging the irreparable damage of this policy. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “recourse”.

The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. Borrowers who have non-recourse loans generally have to pay higher interest rates than recourse loans to compensate the lender for assuming the additional risk. Whether a loan is a remedy or a remedy generally depends on the state from which the loan originates. Most states provide recourse for mortgage lenders, but it may be limited in some way. For example, in some states, the default judgment that the lender can obtain against the borrower cannot exceed the fair market value (FMV) of the property. A remedy is a legal arrangement that gives the lender the right to pledge security if the borrower is unable to meet the debt obligation. The remedy refers to the lender`s statutory right of recovery.

Recourse loans offer protection to lenders because they are guaranteed a certain amount of cash or cash repayment. Companies that use recourse debt have a lower cost of capital because there is less underlying risk to lend to that company. Recourse loans are different from non-recourse loans, which limit the lender to claiming only the specific asset pledged as collateral. If a borrower defaults on a non-recourse loan and the value of the collateral does not cover the amount owed by the borrower, the lender cannot attempt to recover the balance by seizing the borrower`s other assets. The lender has only a legal right to the pledged collateral. Because of this distinction, recourse debt favours the lender, while non-recourse debt favours the borrower. Most loans are made using a language of appeal included in the loan document. The wording sets out the remedies that the lender can take, as well as any restrictions.

It`s obviously a very distorted and unflattering photo, and it`s hurtful and it`s wrong, I want anyone behind the use of this image to stop doing it immediately or leave me no choice but to take legal action against it. According to the article, lawyers say the ads could violate the former governor`s right to publicity, giving her control over her image and name. One of the images appears to be a cropped version of a Reuters image from June 2010, The Arizona Republic reported. It is not known who took the other photo. The Arizona Republic reported that one of the ads was displayed on a recommendation widget sponsored by RevContent.com — an ad network that buys space on websites, while another is provided by Content.ad. Katherine Saviola, RevContent brand manager, told The Arizona Republic that they didn`t hear that. Any violation by Uber will be assessed and we will take legal action. Fortunately, the Child Victims Act now provides remedies for survivors like me, and today I am exercising my rights under this law. Today, I am beginning to regain my power. FindLaw.com free and reliable legal information for consumers and legal professionals For example, if a lender foreclosures a house to collect a debt of $150,000 and sells it for $125,000, the borrower still owes $25,000.

If the lender forgoes the $25,000, the borrower must report this amount as normal income for tax purposes. If the debt is not a recourse, the cancellation of the loan does not result in a taxable cancellation of the income from the debt, since the terms of the loan do not give the lender any right to personally sue the owner in the event of default. The remedy provides the legal means for a lender to seize a borrower`s assets if the borrower defaults on its obligations. If the debt is a full remedy, the borrower is responsible for the full amount of the debt, even if it exceeds the value of the secured property. Abogado.com The #1 Spanish Legal Site for Consumers A measure that can be taken by an individual or a company to try to solve a legal difficulty. I was immediately surprised and told him he needed to take legal action immediately, Keith had been sitting on the email for too long. LawInfo.com National Bar Directory and Consumer Legal Resources The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. A court process is a step that can be taken by an individual or business to try to resolve a legal difficulty. ⁕ A trial if it is a civil matter ⁕ Many contracts require mediation or arbitration before a dispute can be brought before the courts ⁕ Referral to the police or prosecutor`s office for investigation and possible criminal charges if it is a criminal offence ⁕ Petition to a legislator or other legislative body for a change in the law, when a law is considered unjust.

⁕ A petition addressed to a president, governor or monarch, other chief executive or other official with the power of pardon. Middle English recourse, from Anglo-French recursus, from late Latin recursus, from Latin, act of running back, de recurrere to run back – more at recur Copyright © 2022, Thomson Reuters. All rights reserved. Recourse obligations have two tax implications for borrowers, which are reflected in the recognition of ordinary taxable income and the reporting of a loss or gain. When filing income tax returns, the borrower must report any portion of a debt cancelled by the lender as ordinary income. Recourse debt allows the lender to take other assets from the borrower in addition to the collateral to repay the debt. In most cases, the lender can obtain a default judgment to seize unsecured assets, collect bank accounts, or garnish wages. The lender may also look for other sources of income from the borrower, such as commissions, royalties, or capital gains. SuperLawyers.com U.S. Directory Lawyers with exclusive Super Lawyers classification The right of a person holding a commercial paper, such as a cheque or promissory note, to receive payment from any person who signed it if the person who originally created it is unable or unwilling to offer payment. Let`s take the example of a house with a mortgage balance of $250,000 and a fair market value of $200,000. If the lender auctions the house for $150,000, it can only get a deficit judgment of $50,000 against the borrower, which is the difference between the FMV and the amount for which the house was sold at auction.

In some states, lenders are prohibited from obtaining judgments of default.